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@article{ART001579351},
author={Kim Man Woong},
title={A study on the Opposing Power limitations of Unregistered Tenant},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={52},
pages={475-510}

TY - JOUR
AU - Kim Man Woong
TI - A study on the Opposing Power limitations of Unregistered Tenant
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 52
PB - The Institute for Legal Studies Dong-A University
SP - 475
EP - 510
SN - 1225-3405
AB - Although unregistered Jeonse Tenant can be solved through a law for protection of house and commercial building lease, the law can't solve the problem that is raised on fundamental difference from a real right and auction. There leaves something to be desired and the protection for tenant that is unregistered and is not applied by this law needs to be amended. Meanwhile, when the tenant who is for application object on a law for protection of house and commercial building lease serves as the right of Jeonse, how to deal with legal handling in auction is treated as the opposing power and the right of preference of repayment. Two are treated differently as well. Because we don't treat the acquirement of successful bidder in auction and allocation status of a third party including interests equally, we must do differently. In case of unregistered Jeonse that is not a protection object, the registration law of the right of lease needs to be extended independently, and the legislative solution that administers the right of preference of repayment and the auction right is required. The question of legal discrimination between residential building tenant and the right of Jeonse must be solved through standard of cancellation. Before cancellation, it's called the opposing power. After cancellation, the right of preference of repayment. The lease which is unrelated with allotment must be acknowledged along with leasehold rights. The legislative solution to choose the right of Jeonse or the lease status on special law is desired when it is to do with allotment. There will be concerned about the role of the right of Jeonse. That's because the matter is not the special law expansion in civil code but the Korean legislation cases which must have been made as special law. We suggest to derive legislative solutions for activating Jeonse rights based on Civil Code on the right of Jeonse was enacted in Korea. The unification of the two standards is required to be discussed. We expect active discussion on detailed legislation, housing, Commercial Building, Lease Protection Act and Civil Code totally.
KW - Civil Code;unregistered Jeonse;the right of Jeonse;the right of Tenant;the Opposing Power;the Right of preference of repayment
DO -
UR -
ER -

Kim Man Woong. (2011). A study on the Opposing Power limitations of Unregistered Tenant. DONG-A LAW REVIEW, 52, 475-510.

Kim Man Woong. 2011, "A study on the Opposing Power limitations of Unregistered Tenant", DONG-A LAW REVIEW, no.52, pp.475-510.

Kim Man Woong "A study on the Opposing Power limitations of Unregistered Tenant" DONG-A LAW REVIEW 52 pp.475-510 (2011) : 475.

Kim Man Woong. A study on the Opposing Power limitations of Unregistered Tenant. 2011; 52 : 475-510.

Kim Man Woong. "A study on the Opposing Power limitations of Unregistered Tenant" DONG-A LAW REVIEW no.52(2011) : 475-510.

Kim Man Woong. A study on the Opposing Power limitations of Unregistered Tenant. DONG-A LAW REVIEW, 52, 475-510.

Kim Man Woong. A study on the Opposing Power limitations of Unregistered Tenant. DONG-A LAW REVIEW. 2011; 52 475-510.

Kim Man Woong. A study on the Opposing Power limitations of Unregistered Tenant. 2011; 52 : 475-510.

Kim Man Woong. "A study on the Opposing Power limitations of Unregistered Tenant" DONG-A LAW REVIEW no.52(2011) : 475-510.